He was 55, serving a life sentence for murder, when he was diagnosed with stage four pancreatic cancer.

Given six months or less to live, the deadly prognosis opened the door to a New Jersey program allowing gravely ill inmates to seek early release so they might spend their final days with their loved ones.

But that's not what happened. The cancer-ridden man passed away less than two weeks later as an inmate of the state.

In the past six years, the state Department of Corrections received 241 requests for early release based on a terminal condition, disease or syndrome, or a permanent physical incapacity. Of those, just 46 were ultimately determined to be eligible. Half of them died before their court date.

In a new report citing those numbers, the New Jersey Criminal Sentencing and Disposition Commission has called on the Legislature to amend the state's Compassionate Release Act and expand what it means to have a terminal condition, from a prognosis of six months or less to live, to 18 months.

Former state Attorney General Christopher Porrino, who chairs the commission, said the Compassionate Release Act was passed in 2019 with all the best intentions to provide people facing the most serious medical circumstances with an opportunity to be released from prison before they die. The problem, however, is that the time allowed under the statute to have that all play out is just too short.

"We've seen it now in practice for several years. People are dying before they get to court," Porrino said.

Seeking compassionate release is already a slow process.

It can also be emotionally fraught for the families of victims. In one high-profile case, the New Jersey Supreme Court in 2023 found that a lower court judge had the authority to deny compassionate release to a man convicted of the 1993 murder of a Newark police detective, even though the killer's failing health made him eligible for release.

After an inmate with a terminal diagnosis files a request for release, the Department of Corrections can issue a certificate of eligibility within 24 hours. But that is only the first step. A state public defender must then be assigned and prepare a petition for release to be filed with the Superior Court. After the petition is filed, the victim (or the victim's family) must then be notified and given an opportunity to be heard. The relevant prosecutor also has up to 30 days to respond to the petition.

Any objection to release then triggers a hearing before the Superior Court.

It's not a get-out-of-jail-free card, said Porrino. "The issue is still up to a judge to decide."

But the the long review process can consume whatever time a terminally ill inmate has left.

The commission's report to the Legislature noted that in 2025 alone, of the 14 people deemed eligible for compassionate release, six died before completing the court process — among them the inmate with stage four cancer whose identity was not revealed over privacy concerns. According to the report, he was found to have six months or less to live on December 9, 2025. He died less than two weeks later.

"These cases demonstrate that the current statutory window for compassionate release often opens only after any realistic opportunity for relief has dissipated," the report said.

In fact, the commission noted that New Jersey has one of the most restrictive definitions of "terminal illness" in the country in its dealings with inmates with little time to live who seek early release.

Among states where a terminal condition qualifies an inmate for medical release, seven use a prognosis of 12 months or less to live, the report said. Four set it at 18 months or less to live, and two states use a prognosis of two years or less to live.

The Prison Policy Initiative, a non-profit research group, found in its own studies of states across the country, medical parole often sets an extremely high bar for applicants to meet, leaving many extremely ill or incapacitated people locked up and dying before their cases are considered.

Wanda Bertram, a spokesperson for the organization, called the proposal to expand New Jersey's life expectancy prognosis a solid policy change. Still, she noted that New Jersey is not alone in how it deals with inmates with little time left to live.

"Compassionate release does not release that many people," she said.

Beyond the issue of compassion, Bertram said the country needs to do more to get people out of prison as the population of those incarcerated continues to age, through such programs as expedited parole, the recognition of good behavior and "second look" sentencing that allows inmates to go to court to seek a lesser sentence over time.

Older people are very expensive to keep behind bars and are generally at low risk for recidivism, Bertram pointed out. At the point where inmates are facing imminent death and have spent most of their lives behind bars, she believes most people would agree they received enough punishment.

Other members of the commission, which includes representatives from throughout New Jersey's criminal justice system and designees from all three of the state's branches of government, joined with Porrino in voicing public support for the changes in policy on compassionate release.

State Attorney General Jennifer Davenport in a statement called the commission's recommendation a reasonable adjustment, giving the process the time it needs to work.

"Extending eligibility to petitioners with less than eighteen months to live allows for a fairer, yet still thorough review, without sacrificing public safety or the finality the criminal justice system depends on," she said.

New Jersey Public Defender Jennifer Sellitti, whose office represented a man with terminal brain cancer who also died before his request for release could be considered by a court, said New Jersey has an opportunity to ensure that its laws recognize both accountability and compassion, allowing courts to carefully evaluate these extraordinary cases on their individual merits.

"Compassion should not be defeated by the calendar," she said in a statement. "A justice system should be measured not only by how it holds people accountable, but also by its capacity for mercy."

Edwin "Chino" Ortiz, executive director and co-founder of the non-profit Returning Citizens Support Group for former inmates, said "as a formerly incarcerated individual and a jailhouse lawyer" who filed similar motions on behalf of fellow prisoners facing life-threatening health conditions, he has witnessed firsthand how long it can take for a court to rule on such motions.

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"I personally saw men's health rapidly deteriorate, and in some cases, watched them die while waiting for the court to issue a decision," he said.

While he supported extending the prognosis time-period, he said he also hoped that the Sentencing and Disposition Commission would push for such matters to be handled expeditiously.

"When someone is facing a life-threatening medical condition, delays can have devastating and irreversible consequences," Ortiz said.

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